Monday, November 19, 2012

Who Is A War Criminal?

Article 58 of Protocol 1 to the Geneva Convention.Precautions against the effects of attacksThe Parties to the conflict shall, to the maximum extent feasible:(a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives;(b) avoid locating military objectives within or near densely populated areas;(c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations."and The Fourth Geneva Convention: Article 28 states "The presence of a protected person may not be used to render certain points or areas immune from military operations." and Article 29 states "The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred."

2 comments:

Perry Zamek
said...

Ah, but Hamas and/or the Palestinian Authority are not parties to the Geneva Convention, are they? And so Article 58 of Protocol 1 does not apply to them. Furthermore, notwithstanding the Israeli withdrawal from Gaza, there are those who would treat Israel as still being the occupying power, and so, subject to the Convention.

About Me

American born, my wife and I moved to Israel in 1970. We have lived at Shiloh together with our family since 1981. I was in the Betar youth movement in the US and UK. I have worked as a political aide to Members of Knesset and a Minister during 1981-1994, lectured at the Academy for National Studies 1977-1994, was director of Israel's Media Watch 1995-2000 and currently, I work at the Menachem Begin Heritage Center in Jerusalem. I was a guest media columnist on media affairs for The Jerusalem Post, op-ed contributor to various journals and for six years had a weekly media show on Arutz 7 radio. I serve as an unofficial spokesperson for the Jewish Communities in Judea & Samaria.